SB 983 

.MS fl5 ^^^^ 

'coll 1 MICHIGAN LAWS 



FOR THE PROTECTION 



OF 



mum m vhyards 



COMPILED UNDER THE SUPERVISION OF 

FREDERICK C. MARTINDALE 

SECRETARY OF STATE 



1914 



LANSING. MICHIGAN 
WTNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 

1914 



MICHIGAN LAWS 



FOR THE PROTECTION 



OF 



ORGHiRDS AID VllYARDS 



COMPILED UNDER THE SUPERVISION OF 

FREDERICK C. MARTINDALE 

SECRETARY OF STATE 



1914 



LANSING. MICHIGAN 
WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 

1914 



<>? 






\ 



^^ 



D. of D. ' 
JAN i.2 idlSi 



A 



4 



PROTECTION OF ORCHARDS AND VINEYARDS. 



An Act to prevent the importation from other states and the spread 
within this state, of dangerous insects and dangeronsly conta- 
gious diseases affecting trees, shrubs, vines, plants and fruits, and 
to repeal all acts or part [parts] of acts that contravene tlie pro- 
visions of this act. 

[Act 91, P. A. 1005.] 

The People of the State of Michigan enact: 
Section 1. It shall be nnlaAvfiil for any person or persons, infected trees 

... • 1 J. 1 ^ j_i • • unlawful to 

tirm or corporation, knoAvingly, to keep upon tneir premises, keep. 
or upon premises under their control or charge, any trees or 
fruit inlected with the diseases known as peach yellows, 
rosette, or little peach, or any part of a tree infected with the 
diseases known as black knot or pear blight, or any tree, 
shrub, plant or vine infected with any other dangerously 
contagious disease, or infested with the San Jose scale, canker- 
worm or any other dangerously noxious insect pest. It shall unlawful to 

,1 iJfij? " j2 sell infected 

also be unlawful tor any person or persons, firm or corpora- tree.s. 
tioii knowingl.y, to sell or offer for sale, or to give away, any 
tree, shrub, plant, or vine, infected or infested with any dan- 
gerously infectious disease or noxious insect, or any fruit 
infected Avith peach yellows. 

Sec. 2. The state board of agriculture shall, upon the state in- 
passage of this act, appoint some competent person to be o?chardr/ who 
known as state inspector of orchards and nurseries, who shall ^° appoint, 
bold office for two years, and whose duties shall be as here- 
inafter prescribed. He shall have power to appoint such num Deputies. 
ber of deputy inspectors as may be necessary, subject to the 
approval of the state board of agriculture. Said deputy 
inspectors shall act under the orders of, and shall perform 
such duties as may be directed by the state inspector of 
orchards and nurseries. The salary, or per diem, of the state salary or 
and deputy inspectors shall be fixed by the state board of ^^^ ^''*'"'" 
agriculture. 

Sec. 3. A.ny person or persons, firm or corporation, grow- Growers or 
ing or offering for sale, in this state, any trees, shrubs, vines iIItc slo?k 
or plants, commonly knoAvn as nursery stock, shall, on or '"spected. 
l)efore the first day of August in each year, apply to the 
Michigan state board of agriculture for the inspection of said 
stock under the provisions of this act and for a license for its 



LAWS FOR THE PROTECTION OF 



Amount of 
license and 
bond. 



No stock to be 
shipped with- 
out certificate. 



Must furnish 
list of 
purchasers. 



Proviso. 



Further 
proviso. 



Dealers must 
secure license 
and certificate. 



When license 
to be issued. 



State inspect- 
or, duty of. 



When certifi- 
cate of inspec 
tion given. 



Certificate 
may be 
revoked. 



sale. A license fee of five dollars sball be paid, and a bond 
for one thousand dollars, with sureties satisfactory to said 
board, and conditioned upon the compliance with the require- 
ments of this act, shall be filed. No nursery stock shall be 
shipped or delivered until it has been, examijied by the state 
inspector of orchards and nurseries, or a deputy inspector 
and has received a certificate as hereinafter provided. All 
growers or dealers in nursery stock, shall, upon demand file 
with the state board of agriculture a list of the persons to 
whom they have sold or delivered any nursery stock, giving 
the species, which list shall be for the sole use of the state 
inspector of orchards and nurseries and his deputies : Pro- 
vided, That the provisions of this section shall not apply to 
persons engaged in fruit growing, who are not nurserymen, 
but desire to sell or exchange surplus small fruit plants of 
their own growing: Provided further, That the provisions of 
this section shall not api)ly to farmers or other jjersons who 
may sell shade trees from their own wood lots. 

Sec. 4. No person or persons, firm or corporation, residents 
of another state, territory, province or country, shall engage 
or continue in the business of selling, or taking orders within 
this state for the sale of any trees, plants,, shrubs or vines, 
commonly known as nursery stock, without first . obtaining 
from the state board of agriculture a license as provided 
for in section three of this act, and filing a certificate of 
inspection from a state or government ofiicer, or some person 
designated by the Michigan state board of agriculture. 

Sec. 5. The state board of agriculture, shall, upon the 
receipt of the required fee and a satisfactory bond and cer- 
tificate of inspection, issue a license to each applicant, whether 
a resident of this state, or of another state, province, or 
country, permitting the sale of nursery stock by the holder, or 
by his accredited agents, for the period ending the thirty-first 
of July following the date upon which said license goes into 
efi:ect. 

Sec. 6. It shall be the duty of the state inspector of 
orchards and nurseries to examine all .nurseries in the state, 
at least once each year, for the presence of San Jose scale 
and other dangerously injurious insects and diseases. If 
■ found to be apparently free from such dangerous insects and 
diseases, a certificate to that effect shall be given the owner, 
upon the payment of an inspection fee sufficient to defray the 
per diem of the inspector. Said certificate shall be void on 
the thirty-first day of July following. In case any dangerous 
insect or infectious disease is found upon au}^ nursery stock, 
the inspector shall order and enforce such treatment as may 
be deemed sufficient to exterminate such insects or diseases 
before granting a certificate. If a subsequent examination 
shall show the stock to be infected, or infested, the certificate 
may be revoked. 



ORCHARDS AND VINEYARDS. 



Sec. 7. Whenever a nnrseryraan or other person shall ship Nurserymen 
or deliver within this state, except for scientific purposes, any „" ^enmcTte^ 
trees, shrubs, plants or vines, commonly known as nursery on^packages, 
stock, he shall place upon each car, box, bale or other package, 
a copy of a certificate of inspection, the original of which is 
signed by said inspector. Failure to do this, or the illegal WheniiaWe 
use of said certificate by changing, defacing, or placing it up- *° Penalty. 
on uninspected stock, or using the same after it has expired, 
or been revoked, shall render the shipper or owner liable to 
the penalties prescribed for a violation of this act. Dealers in How dealers 
nursery stock purchased from other firms may, upon filing rerfmcate^for 
with the state inspector of orchards and nurseries duplicate fhTsed!"^ 
copies of the certificates of inspection issued upon the stock 
grown by said firms, and on the payment of a fee of one dol- 
lar, receive a certificate showing that the stock has been in- 
spected. Said certificate ma}- be used for the shipment of 
nursery stock that has come to them accompanied by a certifi- 
cate of inspection, but for no other. Nurserymen may ship when nursery- 
under their own certificate of inspection any stock that has Snde^^fhefr'^^ 
come to them later than the first day of the ju'evious August ^^^ certifl- 
accompauied by a certificate of inspection, and, if from an- 
other state, territory, province or country, by a certificate of 
fumigation as required by this act. 

Sec. 8. If any nurserv stock of species subject to the attack when stock to 
of the San Jose scale, has been grown within one-half mjie ^^ fumigated. 
of where the San Jose scale exists, or has been known to exist 
within two years, it shall, before it is shipped or delivered, 
be fumigated with hydrocyanic acid gas of the strength com- 
monly used for such purpose, for not less than thirty min- 
utes. All trees, plants, shrubs and vines, of species subject 
to the attack of the San Jose scale, shipped into this state 
from another state, territory, province or country, must be 
fumigated with hydrocyanic acid gas in the usual manner, 
and each car, box or bale, in which said nursery stock is Certificate at- 
shipped, shall have upon it a certificate signed by the shipper or'^car, what'^ 
stating that such fumigation has been given in addition to the ^° ^*^^^ 
usual certificate of inspection. 

Sec. 9. The owner of any nursery trees, vines, shrubs or Duty of owner 
plants, upon receiving notice from the state inspector of oFnot^ce^that 
orchards and nurseries, that any, or all of them, are infected fgctg^f^® '"" 
or infested with dangerous insects or diseases, shall, within 
the time specified in such notice, take such steps as will fully 
comply with the orders of the state inspector of orchards and 
nurseries and he shall not ship or deliver any such trees, 
vines, shrubs or plants, until after they have received such 
treatment, and until they have been re-examined and a certifi- 
cate of inspection has been granted. 

Sec. 10. Whenever it shall happen that the state insi>ector inspector to 
of orchards and nurseries shall give the notice heretofore plaint Tnd 
required to the owner of nursery stock, for the destruction of ^®'^® ^^°^^' 



LAWS FOR THE PROTECTION OF 



How seized 
stock dis- 
posed of. 



Stock from 
other states, 
to have label 
and certificate 
attached. 



Railway com- 
panies, etc., 
to report 
violation. 



Ilie insects or diseases mentioned, and said owner shall fail 
or neglect to take the measures necessary for the destruction 
thereof, within the time mentioned in the notice given him, 
the state inspector of orchards and nurseries shall enter 
complaint against said owner and may seize and take posses- 
sion of said -infected or infested nursery stock. Such seizure 
may be made without a warrant. Said infected or infested 
nursery stock shall be disposed of in such manner as may be 
directed by the court before whom the offense is tried, or hj 
any court of competent jurisdiction. 

Sec. 11. Whenever any trees, shrubs, plants or vines, com- 
monly known as nursery stock are shipped into this state from 
another state, territory, province or country, every package 
thereof shall be plainly labeled on the outside with the names 
of the consignor and consignee, and the character of the con- 
tents, and certificates shall be attached to each package show- 
ing that the contents have been inspected by a state and gov- 
ernment officer, and that they have been fumigated in the 
usual manner with hydrocyanic acid gas. If any trees, 
shrubs, vines or plants, commonly known as nursery stock, 
are shipped into this state without such certificates being 
plainly fixed on tliC outside of the package, box or car contain- 
ing the same, the fact must be reported within twenty-four 
hours to the Michigan state board of agriculture, or its regu- 
larly appointed inspector, by the railway, express or steam- 
boat company, or the person or persons carrying the same; 
and an^' agent of a railway, express or steamboat company, 
or any other person or persons, who shall fail to comply with 
the provisions of this section, shall be deemed guilty of a mis- 
demeanor. The state inspector of orchards and nurseries 
shall have authority, when he has reason to believe that nur- 
sery stock, that has been shipped into the state, or shipped 
by some nursery in the state, is infested or infected with 
dangerous insects and diseases, to examine the same and, if 
found to be infected by any dangerously contagious disease, 
or infested witli dangerous insects, such stock may be seized 
without a warrant as a public nuisance. The shi])pers shall 
be notified of the seizure, and orders shall be given him to 
either destroy the stock or to give it effectual treatment. If 
this is not done within five days, complaint shall be made to 
some court having competent jurisdiction and said infected 
or infested stock shall be disposed of in such manner as may 
be directed by said court. 

Sec. 32. It shall be the duty of the state inspector of 
oichards and nurseries, whenever it shall come to his knowl- 
edge that San Jose scale, canker Avorm, peach yellows, rosette, 
little peach, black knot, or pear blight, or any other noxious 
insects or dangerously infectious diseases exist, or are sup- 
posed to exist, in any orchard, or upon any trees, shrubs, 
vines, plants or fruits in this state, to investigate the case and 



Misdemeanor, 
what deemed. 



When in- 
spector may 
seize stock. 



Notice to 
shippers. 



How stock 
disposed of. 



Inspector to 
notify owner 
of infected 
orchards. 



ORCHARDS AND VINEYARDS. 



if such dangerous insects or diseases are found, he shall notify 
tlie owner, or his agent, in writing. The notice shall consist Notice, what 
of a simple statement of the facts as found to exist, with an ^° ^^^^^' 
order to uproot and destroy in such manner as may be indi- 
cated, all trees infected with yellows, little peach, or rosette, 
or to cut off and burn the portions infected with black knot 
and pear blight, or if attacked by San Jose scale or canker 
worm, to effectually spray the trees, or to use such remedies 
as may be prescribed for other dangerous insects and diseases 
within five days, or such time from the date of the service of 
the notice as may be designated : Provided also, That no Proviso as to 
such spraying shall be done while said fruit trees or vines are d^stnlcfion^l 
in blossom, except in case of canker worm. In the case of ^^uit. 
fruit infected with yellows, the notice shall require its imme- 
diate destruction. Failure to comply with the requirements wiien owner 
of said notice shall render the owner or agent liable to the penauy.*° 
penalties prescribed for the violation of this act. 

Sec. 13. In any township, village or city ill this state in Duty of town- 
which the insects known as the San Jose scale, and canker |n'd cuy^^^ 
worm, or the diseases known as peach yellows, rosette, little fj^ected dis- 
peach, black knot and pear blight, or any other destructive tricts. 
insects or dangerously infectious diseases exist, or in which 
there is good reason to believe they exist, or danger may be 
appreliended of their introduction, it shall be the duty of the 
townsliip board, or the village, or city council, as soon as such 
information becomes knoAvn to such board or council, or any 
member thereof to" appoint three competent freeholders of Jo appoint 
said township, village or city, to be known as fruit and ^^^^^^ °^°- 
orchard inspectors, who shall hold office during tl^e pleasure 
of said board or council : Provided, Tliat inspectors already Proviso. 
appointed and in office under similar and previous acts shall 
continue in said office under this act until the expiration of 
the term for which they were appointed. 

Sec. 14. It shall be the duty of said inspectors, within ten inspectors, 
days after appointment, as aforesaid, to file their acceptance '^"^^ "^' 
of the same with the clerk of said township, village or city, 
and said clerk shall be ex officio clerk of said board of fruit 
and orchard inspectors, and he shall keep a record of the cierk to keep 
proceedings of said board in a book to be provided for the ceedLgs. ^^°' 
purpose and shall file and preserve all papers pertaining to 
rlie duties and actions of said inspectors, or either of them, 
which shall be a part of the records of said township, village 
or city. 

Sec. 15. It shall be the duty of the township, village or when in- 
city inspectors, or any one of them, whenever it comes to their Imfneuees.^^' 
notice that any of the dangerously injurious insects or dis- 
eases, mentioned in section thirteen of this act, exist, or are 
supposed to exist, within tlie limits of tlieir township, village, 
or city, to proceed without delay to examine the trees, shrubs, 
vines, plants or fruits, supposed to be infested or infected. 



LAWS FOR THE PROTECTION OF 



Mark placed 
on infected 
trees. 



How owner 
may appeal 
from opinion 
of inspector. 



Duty of in- 
spectors upon 
appeal. 



When owner 
may appeal to 
state in- 
spector. 



Inspectors 
may obtain 
advice from 
state in- 
spector. 



When owner 
to pay ex- 
pense of 
appeal. 



How orders of 
inspectors 
made effect- 
ive. 



Expense, 
levied as 
special tax. 



State in- 
spector, etc., 
may enter any 
premises. 



and, if destructive insects ov a dangerously infectious disease 
is found to exist, a distinguisliing mark shall be placed upon 
the trees, shrubs, vines or plants, and a written notice shall 
be served upon the owner, or his agent. This notice shall be 
as provided for in section twelve of this act. In case the 
owner refuses to accept the opinion of a single inspector, re- 
garding the nature of an insect or disease, or the remedy that 
shall be employed, he may, within two days, appeal to the 
other inspectors in the township, village or city, by serving a 
written notice of such, appeal upon each of them. Upon re- 
ceipt of such notice of appeal, it shall be the duty of each and 
every inspector, if he has not already done so, to examine the 
trees, shrubs, plants or vines, supposed to be infested or in- 
fected, and if all or a majority of said inspectors agree that 
a dangerous insect or disease is present, they shall serve no- 
tice upon the owner or his agent as above. If the decision of 
the full board of inspectors is still unsatisfactory to the per- 
son in charge, he may, w^ithin twenty-four hours, make an ap- 
peal to the state inspector of orchards and nurseries, who 
shall at once investigate the matter and order the proper 
treatment, and his opinion and orders shall be final. If the 
members of a township, village or city board of fruit and 
tree inspectors are unable to agree, or are in doubt, regarding 
the nature of an insect or disease, or the treatment that should 
be given, they may call upon the state inspector of orchards 
and nurseries for information and adyice. In cases Avlieie an 
owner apjjeals to the full board of township, village or city 
inspectors, or to the state inspector, and the findings of the 
original inspector are approved, the expense incurred as the 
result of the appeal shall be paid by the owner, and, in case 
of his refusal to do so, the amount shall be certified to the 
toAvnship board, or village or city council, which shall allow 
the same and assess it as a special tax upon the property. 

Sec. 16. In case the owner, or the person in charge of trees, 
shrubs, vines, or plants, infested with a destructive insect, or 
a dangerously contagious disease, refuses or neglects to carry 
out the orders of the state inspector, or of the township, vil- 
lage, and city inspectors, within the period stated in the notice 
served upon him, the state, township, village, or city in- 
spectors, respectively, shall employ such aid as may be neces- 
sary to carry out their orders and recommendations. In case 
the owner refuses to reimburse them for the expense incurred, 
it shall be certified to the township board, or village, or city 
council, who shall allow it, and spread it as a special tax 
upon the property concerned. 

Sec. 17. The state inspector of orchards and nurseries and 
his dei)uties, assistants and employes, shall have authority to 
enter upon any premises in the state for the purpose of exam- 
ining the trees, shrubs, plants and vines, for the presence of 
destructive insects and diseases, and, if any such insects or 
diseases are found, may, under the provisions of this act, take 



ORCHARDS AND VINEYARDS. 9 



such steps as may be necessary to exterminate them. Town- Authority of 
ship, village and city inspectors shall have the same authority inI^ecto?s.^*°" 
within the limits of their respective jurisdiction. No damage No damage 
shall be awarded for the destruction of any tree, shrub, plant dirsl^^ruction'of 
or fruit, or for injury to the same, if done by the inspectors trees. 
and their assistants in accordance with the provisions of this 
act : Provided, It is deemed necessary in order to suppress Proviso, 
dangerous insects and diseases. 

Sec. 18. The township, village and city fruit and tree in- inspectors, 
spectors shall be allowed for services under this act three ^^ '^^^ ° ' 
dollars for each full day and one dollar fifty cents for each 
half day, and their per diem and other charges and disburse- 
ments hereunder shall be audited by the township board or 
village or city council. 

Am. 191], Act S3. 

Sec. 19. Persons, firms or corporations engaged in growing who not re- 
or selling plants commonly grown in greenhouses shall not be license. *° *^^^ 
required to take out a license : Provided, They do not grow Proviso, 
or handle nursery stock, and certificates of inspection are not 
required under this act for the shipment of greenhouse plants. 

Sec. 20. Any person or persons, firm, or corporation, who Misdemeanor, 
may fail to comply with any of the provisions of this act, gil^iuy.^^"^^^ 
shall be deemed guilty of a misdemeanor and shall be punished 
by a fine of not less than ten dollars and not exceeding one Penalty. 
liundred dollars, or by im}>risonment in the county jail for 
not less than ten nor more than ninety days or both such fine 
and imprisonment, in the discretion of the court, and jurisdic- Courts given 
tion is hereby conferred in these cases upon any justice of the ^""^ 'ction. 
peace, or other competent court, of the township, village, or 
citj', where such trees, shrubs or plants may be, or where 
such nursery stock or fruit is grown, sold, shipped, disposed 
of, or delivered, contrary to the provisions of this act. In all security for 
cases where a complaint is made under the provisions of any required.*^ 
section of this act, by any state, township, village or city 
inspector, said complainant shall not be required to furnish 
security for costs. 

Sec. 21. The state inspector of orchards and nurseries state in- 
shall have authority to employ such aid and obtain such appa- oWa^inUp^^ 
ratus and supplies as may be needed for the proper perform- p^'^s, etc. 
ance of his duties, and the bills for the same, and for the per Biiis, how 
diem and traveling and other .necessary expenses of the state '^"*^^'^®^- 
inspector, his deputies and assistants, shall be audited by the 
state board of agriculture, and the auditor general shall draw 
his warrant for the payment of the same from the general 
fund of the state : Provided, That all moneys collected by the Proviso. 
state board of agriculture, under this act shall be paid into 
the state treasury. 

Sec. 22 repeals Acts lOS and 100 of 1895; Act 137 of ISOT. 



10 



LAWS FOR THE PROTECTION OF 



An Act for preventing the manufacture, sale or transportation of 
adulterated or misbranded Paris greens, lead arsenates, and other 
insecticides, and also fungicides, and for regulating traffic therein. 

[Aft 254, P. A. 101?,.] 



Adulteration 
unlawful. 



Penalty. 



Uniform 
rules, etc. 



Examination 
of specimens. 



Hearing. 



Prosecutions. 



The People of the State of MichUjan enact: 

Section 1. It shall be unlawful for any person to manu- 
facture, sell, offer or expo.se for sale within the state of 
Michigan any insecticide, Paris green, lead arsenate, or fungi- 
cide Avhich is adulterated or misbranded within the meaning 
of this act; and any person who shall violate any of the pro- 
visions of this act shall be guilty of a misdemeanor and upon 
conviction thereof shall be fined not to exceed two hundred 
dollars for the first offense, and upon conviction for each 
subsequent offense shall be fined not to exceed three hundred 
dollars, or sentenced to imprisonment in the county jail for 
a period not exceeding ninety days, or both in the discretion 
of the court. 

Sec. 2. The state board of agriculture shall make uni- 
form rules and regulations for carrying out the provisions of 
this act, including the collection and examinations of speci- 
mens of insecticides, Paris green, lead arsenates, and fungi- 
cides manufactured or offered for sale in the state of Michi- 
gan. 

Sec. 3. The examination of specimens of insecticides, 
Paris greens, lead arsenates, and fungicides shall be made at 
the agricultural college by such existing departments as may 
be directed by the state board of agriculture for the pui'pose 
of determining from such examination Avhether such articles 
are adulterated or misbranded within the meaning of this 
act; and if it shall appear from any such examination that 
any of such specimens are adulterated or misbranded within 
the meaning of this act, the state board of agriculture shall 
cause notice thereof to be given to the party from whom 
such sample was obtained. Any party so notified shall be 
given an opportunity to be heard, under such rules and regu- 
lations as may be prescribed as aforesaid, and if it appears 
that an^- of the provisions of this act have been violated by 
such party, then the state board of agriculture shall at once 
certify the facts to the attorney general, or prosecuting offi- 
cer of the county in Avhich the offense is committed, with a 
copy of the results of the analysis or the examination of such 
article duly authenticated by the analyst or officer making 
such examination under the oath of such officer. After judg- 
ment of the court, notice shall be given by publication in such 
manner as may be prescribed b.y the rules and regulations 
aforesaid. 

Sec. 4. It shall be the duty of the attorney general or 
other prosecuting officer to whom the state board of agri- 



ORCHARDS AND VINEYARDS. 11 

culture shall report any violation of this act, to cause appro- 
priate jiroceedings to be commenced and prosecuted in the 
proper courts of the state of Michigan without delaj', for 
the enforcement of the penalties as in such case herein pro- 
vided. ■ 

Sec. 5. The term "insecticide" as used in this act shall Jerms 
include any substance or mixture of substances intended to 
be used for preventing, destroying, repelling or mitigating 
any insects which may infest vegetation, man or animals, or 
households, or be present in any environment whatsoever. 
The term "Paris green" as used in this act shall include the 
product sold in commerce as Paris green and chemically 
known as the aceto-arsenite of copper. The term "lead arse- 
nate" as used in this act shall include the product or Drol- 
ncts sold in commerce as lead avsennte and consisting dienii- 
cally of products derived from arsenic acid (H.0ASO4) by re- 
placing one or more hydrogen afonis b^ lead. The term 
"fungicide" as used in this act shall include any substance 
or mixture of substances intended to be used for preventing, 
destroying, repelling, or mitigating any and all fungi that 
may infest vegetation or be present in any environment what- 
soever. 

Sec. 6. For the purpose of this act an article shall be AdiJiterated 
deemed to be adulterated, in case of Paris green : definel^^^" 

First, If it does not contain at least fifty percentum of 
arsenious oxide; 

Second, If it contains arsenic in water-soluble forms equiv- 
alent to more than three and one-half per centum of arsenious 
oxide ; 

Third. If any substance has been mixed and packed with 
it so to reduce or lower or injnriously affect its quality or 
strength. 

In the case of lead arsenate : 

First, If it contains more than fifty percentum of water; 

Second, If it contains total arsenic equivalent to less than 
twelve and one-half ])er centum arsenic oxide (ASoO^) ; 

Third, If it contains arsenic in water-soluble fonns equiva- 
lent to more than seventy-five one-hundredths percentum of 
arsenic oxide (ASoOg) ; 

Fourth, If any substances have been mixed and packed with 
it so as to reduce, lower, or injuriously affect its quality or 
strength : Provided,- however. That extra water may be added proviso, 
to lead arsenate (as described in this paragraph) if the re- '^'^'^''• 
suiting mixture is labeled lead arsenate and water, the per- 
centage of extra water being plainly and correctly stated on 
the label. 

In the case of insecticides or fungicides, other than Paris insecticides, 
green and lead arsenate: thanParla 

First, If its strength or purity fall below the professed g^een. 
standard or quality under which it is sold ; 



12 



LAWS FOR THE PROTECTION OF 



False brand- 
ing, defined. 



Guaranty. 



Second, If any substance has been substituted wholly or in 
part for the article; 

Third, If any valuable constituent of the article has been 
wholly or in part abstracted; 

Fourth. If it is intended for use on vegetation and shall 
contain any substance or substances which, although pre- 
venting, destroying, repelling, or mitigating insects, shall be 
injurious to such veget-ation when used as recommended by 
the manufacturer. 

Sec. 7. The term "misbranded" as used herein shall apply 
to all insecticides, Paris green, lead arsenates, or fungicides 
or articles which enter into the composition of insecticides 
or fungicides, the package or label of which shall bear any 
statement, design, or device regarding such article or the in- 
gredients or substances contained therein which shall be 
false or misleading in any particular, and to all insecticides, 
Paris green, lead arsenates, or fungicides which are falsely 
branded as to the state, territory, or country in which they 
are manufactured. For the purpose of this act an article 
shall be deemed to be misbranded, in the case of insecticides, 

Paris greens, lead arsenates and fungicides: 

First, If it be an imitation or offered for sale under the 
name of another article; 

Second, If it is labeled or branded so as to deceive or mis- 
lead the purchaser, or if the contents of the packages as orig- 
inally put up shall be removed in whole or in part and other 
contents shall have been placed in such packages; 

Third, If in package form, and the contents are stated in 
terms of weight and measure, they are not plainly and cor- 
rectly stated on the outside of the package ; in this connection 
it is held to be permissible to state the average net weight 
of the package. 

In the case of insecticides (other than Paris green and lead 
arsenates) and fungicides: 

First, If it contains arsenic in any of its combinations or 
in the elemental form and the total amount of arsenic pres- 
ent (expressed as per centum or metallic arsenic) is not 
stated on the label; 

Second, If it contains arsenic in any of its combinations or 
iu Die elemental form and the amount of arseiiie in Avater- 
soluble forms (expressed as per centum or metallic arsenic) 
is not stated on the label; 

Third, If it does not state plainly upon the label the cor- 
rect names and percentage amounts of each and every ingredi- 
ent of the insecticide or fungicide having insecticidal or 
fungicidal properties and the total percentage of inert in- 
gredients present. 

Sec. 8. No dealer shall be prosecuted under the provisions 
of this act when he can establish a guaranty signed by the 
wholesaler, jobber, manufacturer, or other party residing in 
the state of Michigan from whom he purchased such articles, 



ORCHARDS AND VIJ<JEYARDS. 13 



to the effect that the same is not adulterated or misbranded 
within the meaning of this act, designating it. Said guaranty, 
to afford protection, shall contain the name and address of 
the party or parties making the sale of such articles to such 
dealer, and in such case, said party or parties shall be amen- 
able to the prosecutions, fines, and other penalties which 
would attach in due course to the dealer under this act. 

Sec. 9. The word "person" as used in this act, shall be "Persoa" 
construed to import both the plural and the singular, as the 
case demands, and shall include corporations, companies, so- 
cieties, and associations. When construing and enforcing the 
provisions of this act, the act, omission, or failure of any 
officer, agent or other person acting for or employed by any 
corporation, company, society or association, within the scope 
of his employment or office shall in every case be also deemed 
to be the act, omission, or failure of such corporation, com- 
pany, society, or associaton as well as that of the other per- 
son. 

Sec. 10. The necessary expense incurred in carrying out Expense, 
tlie provisions of this act, shall be paid by warrant of the^""^^^^ 
auditor general draAvn upon the state treasurer. Such ex- 
penses shall be certified to the auditor general by the state 
board of agriculture, but the total amount to be paid in 
any one fiscal year shall not exceed five hundred dollars. 

Sec. 11 repeals acts 91 and 163 of 1909 and all conflicting acts or parts 
of acts. 



An Act to prevent trespass upon cranberry marshes. 
[Act 38, S. L. 1869.] 

The People of the State of Michigan enact: 
§ 11643. Section 1. That if any person shall enter the Penalties for 

. n ,1 T X 'i 1 trespass. 

premises of any other person, and take and carry away cran- 
berries or cranberry vines there growing, .shall trample or 
otherwise injure or destroy the cranberry vines growing there- 
on, without the permission of the owner or occupant of said 
premises, such person shall be deemed guilty of a misde- 
meanor, and on conviction thereof, shall be punished by im- 
prisonment in the county jail not less than five days, or by 
fine not less than five dollars, and costs of prosecution, or both 
such fine and imprisonment, in the discretion of the court; 
and if any of the offenses mentioned in this section shall be Further 
committed on the first day of the week, or in disguise, or ^^^^ 
secretly in the night-time, between sun-setting and sun-ris- 
ing, on conviction thereof the punishment shall not be less 
than twenty dollars fine, or imprisonment in the county jail 
not less than ten davs, or both, at discretion of the court. 



14 



LAWS FOR THE PROTECTION OF 



Treble 
damages. 



§ 1104:4:. Sec. 2. Any person who shall commit any of the 
acts of trespass in section one of this act, shall be liable in 
treble damages, in an action of trespass to be bronght in the 
name of the owner or occupant of the land npon which said 
trespass may have been committed. 



An Act to prevent trespass upon huckleberry and blackberry marshes 
and to provide a penalty therefor, and to provide for the collection 
of damages growing out of such trespass. 

[Act 261, P. A. 1909.] 



Trespassing, 
what deemed. 



Proviso, 
notice. 



Penalty. 



When 
liable in 
treble 
damages. 



The People of the State of Miehigau enact: 

Section 1. If any person shall enter the enclosed premises 
of another person and take and carry away from any huckle- 
berry marsh or lauds groAving blackberries, huckleberries or 
blackberries there groAving, or shall trample, break doAA'u or 
otherwise destroy the huckleberry or blackberry bushes grow- 
ing thereon, AAithout the permission of the owner or occupant 
of such premises : Provided, That such OAvner or occui)ant 
shall have previously posted a conspicuous notice in at least 
three different places upon the premises forbidding any tres- 
pass thereon, such jjerson shall be deemed guilty of a misde- 
meanor, and on conviction thereof, shall be punished by im- 
prisonment in the county jail not less than five days nor more 
than fifteen days, or by a fine of not less than fi\"e dollars nor 
more than tAA^enty-five dollars and the costs of prosecution, or 
both such fine and imprisonment in the discretion of the court. 

Sec. 2. Any person Avho shall commit any of the acts of 
trespass mentioned in section one of this act, shall be liable 
in treble damages in an action of trespass to be brought in 
the name of the OAvner or occupant of the land upon Avhich 
said trespass may have been committed. 



An Act to protect vineyards, orchards and gardens, and to repeal 
act number one hundred thirty-one, public acts of eighteen hun- 
dred sixty-nine, entitled "An act to protect vineyards in the state 
of Michigan," being section nine thousand one hundred and ninety- 
five of Howell's Annotated Statutes. 

[Act 70, P. A. 1895.] 



Penalty for 
entering 
vineyard, 
orchard or 
garden. 



The People of the State of Alichigan enact: 

§ 11645. Section 1. That any i>erson Avho shall enter a 
vineyard, orchard or garden, without the consent of the owner, 
and pick, take, carry away, destroy or injure any of the 
fruits, vegetables or crops therein, or in anyAvise injure or de- 



ORCHARDS AND VINEYARDS. 15 



stroy any bush, tree, viue or plant, shall be guilty of a misde- 
meanor, and on conviction thereof shall be punished by im- 
prisonment in the county jail not more than three months, or 
by fine not less than one nor more than one hundred dollars, 
or by both such fine and imprisonment, in the discretion of 
the court. 

Am. 1899, Act 61. 

Sec. 2 repeals Act 131 of 1S69. 



An Act to prevent the wilful and malicious destruction of fruit, 
shade or ornamental trees. 

[Act 52, S. L. 18.5.3.] 

The People of the State of Michigan enact: 

§ 11 (UG. Section 1. That every person who shall wilfully wiifuiand 
and maliciously, or wantonly and without cause, cut down or jliry'io'f^uit" 
destroy or ((therwise injure any fruit tree or trees, or any or shade trees. 
other tree or trees, not his own, standing or growing for shade 
or ornament on the land of another, the damage for which 
said cutting down, destruction or injury to the owner or own- 
ers of said tree or trees shall amount to the sum of twenty 
five dollars, shall be punished by imprisonment in the state 
prison not exceeding five years, or by imprisonment in the 
county jail not exceeding one year, or by fine not exceeding 
five hundred dollars, in the discretion of the court. 



An Act to pi-event the wrongful taking, detaching from the ground, 
or injuring any fruit tree, shade tree, ornamental shrub, plant, 
vine, or vegetable. 

[Act 174, S. L. 1855.] 

The People of the State of Michigan enact: 

§ 11647. Skction 1. That any person who shall wrong- wrongful 
fuily take and carry away from any place, any fruit tree. trS^etcl how 
ornamental tree, shade tree, ornamental shrub, or any plant, punished. 
vine, bush, or vegetable there growing, standing, or being, 
Avith intent to deprive the owner thereof, or who shall without 
right and with wrongful intent, detiich from the ground, or 
injure any fruit tree, ornamental tree, shade tree, ornamental 
shrub, or any plant, vine, bush, or vegetable, shall be guilty 
of a misdemeanor, and on conviction thereof be punished by 
imprisonment in the county jail not more than six months. 



16 



LAWS FOR THE PROTECTION OF 



or by fine not exceeding two hundred and fifty dollars, or by 
both such fine and imprisonment, in the discretion of the 
Proviso. court: Provided, That when the damage to the owner does 

not exceed the sum of twenty-five dollars, the punishment 
shall be a tine not exceeding one hundred dollars, or imprison- 
ment in the said jail not exceeding three months, or by both 
such fine and imprisonment, in the discretion of the court. 



An Act to prevent fraud and deception in tlie sale of Michigan grown 
fresli fruits and vegetables, and to provide penalties for violations 
of this act. 

[Act 207, P. A. 1013.] 



"Closed 
package", 
now con- 
strued. 



How marked. 



Sale, etc., 
when unlaw- 
ful. 



When marked 
"fancy", etc. 



The People of the State of Michigan enact: 

Section 1. In this act, unless the contents otherwise re- 
quires, the term ''closed package'' shall be construed to mean 
a barrel, box, basket, carrier or crate, of which all the con- 
tents cannot readily be seen or inspected when such package 
is prepared for market. Fresh fruits or vegetables in baskets 
or boxes, packed in closed or open crates, and packages 
covered with burlap, tarlatan or slat covers shall come within 
the meaning of the term "closed package." None of the pro- 
visions of this act shall apply to other than Michigan grown 
fruits and vegetables. 

Sec. 2. Every person who, by himself or by his agent or 
employe, packs or repacks fresh fruits or vegetables in closed 
packages intended for sale in the open market, shall cause 
the same to be marked in a plain and indelible manner, as 
follows: 

First, With Ids full name and address, including the name 
of the state Avhere such fresh fruits and vegetables are packed, 
before such fresli fruits or vegetables are removed from the 
premises of the ptacker or dealer; 

Second, The name and address of such packer or dealer 
shall be printed or stamped on said closed packages in letters 
not less than one-quarter inch in height. 

Sec. 3. Xo person shall sell or oft'er, expose or have in 
his possession for sale, in the open market, any fresh fruits or 
vegetables packed in a closed package and intended for sale, 
unless such package is marked as is required by this act. 

Sec. 4. No person shall sell or ofl'er, expose or have in his 
possession for sale, any fresh fruits or vegetables packed in 
a closed or open package, upon which package is marked any 
designation which represents such fruit as "No. 1," "Finest," 
"Best," "Extra Good," "Fancy," "Selected," "Prime," "Stan- 
dard," or other superior grade or quality, unless such fruit 
or vegetables consist of well grown specimens, sound, of 



ORCHARDS AND VINEYARDS. 17 



nearly uniform size, normal shape, good color, for the variety, 
and not less than ninety per cent free from injurious or dis- 
figuring bruises, diseases, insect injuries or other defects, 
natural deterioration and decay in transit or storage excepted. 

Sec. 5. No person shall sell or offer, expose or have in his False represen- 
possession for sale, any fresh fruits or vegetables packed in 
any package in which the faced or shown surface gives a 
false representation of the contents of such package, and it 
shall be considered a false representation when more than 
twenty per. cent of such fresh fruits or vegetables are sub- 
stantially smaller in size than or inferior in grade to, or 
different in variety from, the faced or shown surface of such 
package, natural deterioration and decay in transit or storage 
excepted. 

Sec. 6. Every person who, by himself, his agent or em- Misdemeanor, 
ploye, knowingly violates any of the provisions of this act ^'^^^ ^" 
shall, for eacli such offense, be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be punished by a 
fine not exceeding ten dollars, or by imprisonment in the 
county jail for a period not exceeding thirty days, or by both 
such fine and imprisonment in the discretion of the court. 



An Act to regulate the packing for shipment and sale of table grapes, 
and providing penalties for violation thereof. 

[Act 107, P. A. 1913.] 

TJie People of the State of Michigan enact: 

Section 1. No grapes that are not ripe, or are the fruit of unripe, etc., 
unhealthy vines, or are for any reason unhealthy or in a state litnt'oL*''^' 
of decay shall be packed for shipment by any grower, packer 
or shipper in any package or basket of less than sixteen 
pounds capacity. 

Sec. 2. Any person or persons found guilty of violating Penalty for 
any of the provisions of this act, in any court of competent ^^°* ^^"^^ 
jurisdiction, shall be deemed guilty of a misdemeanor and 
shall be punished by a fine of not less tlian ten dollars nor 
more than one hundred dollars, or by imprisonment in the 
county jail for not less than ten days nor more than ninety 
days, or by both such fine and imprisonment in the discretion 
of the court. 

Sec. 3. It shall be the duty of the state dairy and food Enforcement. 
commissioner, his deputies and assistants, to enforce the pro- 
visions of this act. 



18 



LAWS FOR THE PROTECTION OF 



An Act to authorize and regulate a county agricultural department. 
[Act 67, r. A. 1913.] 



Appropria- 
tions. 



Proviso, 
limit. 



Farm com- 
missioner, 
term, salary. 



Farm develop- 
ment fund. 



Salary, how- 
paid. 



Qualifications. 



Oath of ofRce. 



The People of the State of Michigan enact: 

Section 1. The boards of supervisors of the several coun- 
ties of this state are hereby authorized to appropriate from 
funds of their respective counties, or to assess and cause to 
be spread upon the taxable property of their respective coun- 
ties, a sufficient sum of money to carry out the purposes of 
this act: Provided, however. That there shall not be so ap- 
propriated, raised or assessed in any county in any one year 
more than fifty cents on each one thousand dollars or major 
portion thereof of the assessed valuation of the real and 
personal property of such county, but in no case to exceed 
two thousand dollars, in addition to the salary mentioned 
in this act. 

Sec. 2. Each of said boards of supervisors so making 
sucli appropriation or assessment, shall also elect one quali- 
fied person for each county, respectively, to be known as farm 
commissioner, who shall hold his office for two years and shall 
receive such annual salary as said board of supervisors shall 
determine, not exceeding two thousand dollars. 

Sec. 3. The fund so appropriated shall be known as the 
farm development fund, and the same may be used to enable 
said commissioner to defray his actual expenses, aside from 
salary, and carry out the purposes of this act. 

Sec. 4. The salary of such commissioner shall be paid 
out of the general fund of such county, and as other county 
salaries are paid. 

Sec. 5. Such commissioner sliall be a pers(Hi not less than 
twenty-five years of age, an experienced practical man who, 
in the opinion of said board, is versed in all matters per- 
taining to farming pursuits, the growing of agricultural 
products and fruits suitable in such county, and one who is 
versed in the knowledge of soil fertility, rotation of crops, 
fertilizers and fertilizing, and possessing a knowledge of 
the kind of crops best adapted to the various soils and con- 
ditions of such county. 

Sec. 6. Such commissioner shall, before entering upon 
the duties of his office, execute the constitutional oath of 
office and file same with the county clerk of such county; 
and shall also before entering upon such duties execute and 
enter into a bond in a sum to be fixed by said board of 
supervisors, not less than one thousand dollars nor to ex- 
ceed double the sum appropriated in the then current year, 
said bond to be signed by at least two sureties and approved 
by the county treasurer of the county, conditioned for the 
faithful performance of his duties and the accounting of 
all funds and moneys, material and apparatus coming into 



ORCHARDS AND VINEYARDS. 19 

liis hands; which bond shall run to the board of supervisors 
of such county and shall be filed in the office of the county 
clerk thereof, and action may be brought thereon for viola- 
tions of its conditions and provisions, the same as on other 
county oflScers' bonds running to said board. 

Sec. 7. The fund created by this act shall be raised and Fund, how 
collected as are other taxes for county expenses, and paid ^'■^^^^^^ ^*^- 
over to the county treasurer, and by him kept separate from 
all other funds, and to be paid out only on the order of said 
farm commissioner or transferred to the general fund of 
such county as hereinafter specified. 

Sec. 8. Such commissioner shall keep an accurate account Expenditures, 
of all of the expenditures by him made from such fund and euT"* °*' 
of the orders drawn thereon, and he shall make annual report 
of all such expenditures and orders drawn, and of his do- 
ings and actions in full to the board of supervisors of such 
county at each annual October meeting thereof. 

Sec. 9. The duties of such commissioner in general shall Duties of 

be as follows : commissioner. 

a. To be of every material benefit and assistance to the 
farming and fruit interests of his county; 

b. To render advice and instruction to the people of the 
county who need help most, to make for successful cultiva- 
tion and cropping of the soil for all products grown there- 
from ; 

c. To contract with farmers and fruit growers through- 
out the county for demonstration and experimental purposes, 
for acreage of ground and orchards or small fruits, to the 
end that each farmer or fruit grower so contracted with Avill 
fertilize, fit for crops, plant and sow to crops and care for 
and harvest the same in accordance with the instruction 
and direction* of such commissioner, but without compensa- 
tion ; such farmer to have the crop grown thereon and to 
keep such records and data concerning the same, as to the 
kind of seed and fertilizer used, cultivation, rain fall on 
same, harvest, care and yield of crop and other information 
as such commissioner shall require ; 

d. Such commissioner to so manage and keep records of 
each tract that each may be such a demonstration and ex- 
periment station in itself as to tend to bettering future con- 
ditions; 

e. To instruct as far as possible the inhabitants as to 
important farm questions relating to soil fertility, crop' ro- 
tation, fertilizers (crop and commercial), kind.s of crops 
best adapted to various soils, and in every way to raise and 
improve the standard of farming and fruit growing; 

f. To work in conjunction with the .Michigan agricul- 
tural college or any go^•ernmental or state aid that may be 
secured by federal or state appropriations for similar pur- 
poses ; 

g. To stimulate interest for more scientific farming and 



20 



LAWS FOR THE PROTECTION OP 



Office. 



May contract 
with farmers, 
etc. 



Proviso. 



Office fixtures; 
etc., may 
purchase. 



Proviso. 



Supervisors 
may discon- 
tinue office. 



Proviso 



Further 
proviso, 
referendum . 



Funds, where 
apphcable. 



Proviso. 



fruit growing, and in every reasonable and practical way 
raise the standard of farming and fruit growing in such 
county. 

Sec. 10. Said commissioner shall keep an office in such 
county, and there keep on file and for public examination 
in systematic form, records, data and results of the various 
experiments and demonstrations in such a way as to be of 
the greatest benefit to the public, and turn over to his suc- 
cessor in office all the records, files and documents, fixtures, 
apparatus and material of his said office which shall belong 
to the county. 

Sec. 11. Such commissioner may enter into contracts with 
farmers and fruit growers in his name of office, and sue them 
for violations thereof in his name of office, and may employ 
such assistants as he deems necessary to carry on the work 
outlined by this act to the best advantage: Provided, how- 
ever. That said commissioner shall devote substantially his 
whole time to said work, and shall not expend portions of 
such development fund for other assistants, except when the 
same are necessary to carry out the purposes of this act to 
the best advantage and benefit to the people. 

Sec. 12. Such commissioner is authorized to purchase such 
reasonable office fixtures and supplies and record books as 
are necessary to carry out the provisions of this act, and is 
authorized to purchase such reasonable supply of apparatus 
and chemicals and material as is necessary for him to test 
soils, fertilizers, spraying materials and seeds, and carry on 
experiments; but lie shall make no charge for sncli tc^^ting 
nor for any other services performed under this act, and he 
shall receive no other or further compensation or fees than 
such as are prescribed by this act: Provided, however. That 
if such commissioner can procure adequate tests of above ma- 
terials, soils, etc., at the agricultural college of the state, 
it shall be the intent of this act that he shall so do, and only 
purchase material for or hire such tests made as are neces- 
sary for adequate and efficient service in the work of his 
said office. 

Sec. 13. The board of supervisors of each county having 
appropriated or raised funds under this act may discontinue 
the office, and discontinue the raising of further funds there- 
under by a resolution of such board adopted by a majority 
of the members thereof: Provided, however. That such ac- 
tion shall not terminate the office or salan^ of any commis- 
sioner elected thereunder until the expiration of his term of 
office as provided herein: Provided further. That the said 
office shall not be terminated except by a referendum vote 
the same as is provided in section fifteen for its adoption. 

Sec. 14. No funds appropriated or raised under this act 
shall be used for contribution to agricultural societies or 
any other purpose than that prescribed in this act: Provided, 
however. That if such office and work should be discontinued 



ORCHARDS AND VINEYARDS. 21 

by resolution of tlie board of supervisors, then in that case 
all moneys remaining in such development fund shall there 
upon be by such county treasurer transferred to the general 
fund of such county: And provided further, That funds Further 
raised under the act may, by resolution of the board of super p™^'**"- 
visors or by order of said farm commissioner, be appropriated 
or used to comjily with and in co-operation with any state 
or governmental requirements for agricultural development, 
demonstration or experimental work in each county respec 
tively. 

Kec. 15. The provisions of this act shall not apply in any Referendum. 
( ounly of this state until the question of adopting the same 
shall have been submitted to the qualified electors thereof. 
Such question may be submitted either by resolution of the 
board of supervisors or upon petition, signed by not less than 
five per cent of the qualified electors resident in such county, 
addressed to said board. Upon receipt of such petition it 
shall be the duty of the board of supervisors to submit the 
question at the first general election held after the meeting 
of the board at which the petition is presented, or at a special 
election called for that purpose. Ballots for the submission Ballots, 
of such question shall be prepared and distributed by the 
same officers as are required by law to prepare and distribute 
ballots for countj^ elections, and the canvass and return of 
the vote thereon shall be the same as is provided by law for 
llie canvass and return of the vote upon county officers. 
If upon the canvass of the votes upon such question it shall 
appear that a majority of the electors voting thereon, are in 
favor of the adoption of the provisions of this act in their 
respective counties, then this act shall be in full force and 
(?lfect in such countv and not otherwise. 



LIBRARY OF CONGRESS 



020 973 130 7 



